Beale v. Georgia Railway & Power Co.
Supreme Court of Georgia
Certiorari; from Court of Appeals. 25 Ga. App. 364. Majorie A. Beale, a minor, through her husband as next friend, sued for damages because of the negligent homicide of her father, alleging that the deceased was a widower at the time of his death and that she was his only minor child. One ground of demurrer to the petition was that it showed the plaintiff to be a married woman, and that therefore she was not entitled to maintain the action.
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Certiorari; from Court of Appeals. 25 Ga. App. 364. Majorie A. Beale, a minor, through her husband as next friend, sued for damages because of the negligent homicide of her father, alleging that the deceased was a widower at the time of his death and that she was his only minor child. One ground of demurrer to the petition was that it showed the plaintiff to be a married woman, and that therefore she was not entitled to maintain the action. The demurrer was overruled by the trial court. On review the Court of Appeals reversed this judgment. Thé case is here on certiorari.
1Opinion of the CourtGilbert, J.
Upon careful consideration of this case, and in view of the construction placed upon § 4424 of the Civil Code (1910) by this court (Mott v. Central R., 70 Ga. 680, 48 Am. R. 595; Coleman v. Hyer, 113 Ga. 420, 38 S. E. 962; Western & Atlantic R. Co. v. Harris, 128 Ga. 394, 57 S. E. 722), we are of the opinion that the Court of Appeals properly held as follows: “A married daughter, living with and supported by her husband, cannot sue for the homicide -of her father, although it appears that she is the only minor child, and that the wife of the father had predeceased him.”
Judgment affirmed.
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2Cases cited3 opinions
- Mott v. Central RailroadSupreme Court of Georgia · 1883
- Coleman v. HyerSupreme Court of Georgia · 1901
- Western & Atlantic Railroad v. HarrisSupreme Court of Georgia · 1907
3Cited by7 opinions
- Peeler v. Central of Georgia Railway Co.Supreme Court of Georgia · 1927
- Thompson v. Georgia Railway & Power Co.Supreme Court of Georgia · 1927
- Hood v. Southern Railway Co.Supreme Court of Georgia · 1929
- Williams v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Vickers v. VickersSupreme Court of Georgia · 1954
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